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HARRY RUBIN & SONS v. CON. P. CO. of AM.

396 Pa. 506 (1959)

Harry Rubin & Sons, Inc., Appellant, v. Consolidated Pipe Company of America, Inc.

Supreme Court of Pennsylvania.

July 24, 1959.

Attorney(s) appearing for the Case

Alfred L. Luongo, with him Morris L. Weisberg, Goncer M. Krestal, and Blank, Rudenko, Klaus & Rome, for appellants.

Harry R. Kozart, with him Milton H. Weissman, and Weissman & Kozart, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, July 24, 1959:

This is an appeal from the action of the Court of Common Pleas No. 1 of Philadelphia County, which sustained, in part, the appellees'1 preliminary objections to the appellants'2 complaint in assumpsit.

Rubin-Arandell, in their complaint, alleged that on three different dates — August 22nd, 25th...

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